Problems of the Implementation of the Principle of Legality by Police Officers when Applying Measures to Ensure Proceedings in Cases of Administrative Offenses

Abstract

The object of the study is the social relations that arise when police officers apply measures to ensure proceedings in cases of administrative offenses. The subject of the study is the legal norms contained in Chapter 27 of the Code of Administrative Offenses of the Russian Federation. The proposed article analyzes a number of measures to ensure the proceedings in cases of administrative offenses used by police officers in the exercise of official powers. The purpose of the work is to conduct a study of the theoretical provisions and law enforcement practice of the internal affairs bodies on the application of measures to ensure proceedings in cases of administrative offenses and, based on this, formulate proposals and recommendations for improving police activities in this area. As a result of the conducted research, the following conclusions were formulated. 1. Measures to ensure the proceedings in cases of administrative offenses, which are applied by the internal affairs bodies in the implementation of administrative and jurisdictional activities, significantly restrict the rights and freedoms of citizens. 2. Police officers exercising their powers of authority may apply them only on the basis of the Code of Administrative Offences of the Russian Federation, which contains both administrative-legal and administrative-procedural norms. 3. Other laws and by-laws should not contain measures of administrative and procedural support that are not regulated by the Administrative Code of the Russian Federation. 4. The law enforcement practice of the internal affairs bodies in the field of bringing citizens to administrative responsibility shows the need to develop administrative procedures for the application of measures to ensure proceedings in cases of administrative offenses. 5. These administrative procedures (the procedure for conducting a personal search, the procedure for conducting a vehicle inspection, etc.) should be fixed in regulatory legal acts and regulate in detail the procedure for their conduct.